Davis-stirling Act

Civil Code Section 5235. Enforcement of Records Inspection Rights.

(a) A member may bring an action to enforce that member’s right to inspect and copy the association records. If a court finds that the association unreasonably withheld access to the association records, the court shall award the member reasonable costs and expenses, including reasonable attorney’s fees, and may assess a civil penalty of up to five hundred dollars ($500) for the denial of each separate written request.

(b) A cause of action under this section may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.

(c) A prevailing association may recover any costs if the court finds the action to be frivolous, unreasonable, or without foundation.

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Related Case Law

  • Fowler v. Golden Pacific Bancorp, Inc.
    (2022) 80 Cal.App.5th 205

    [Director Inspection Rights; Limited in Extreme Cases; A director’s absolute record inspection rights may be limited only in extreme cases where inspection would produce an absurd result.

  • Tract No. 7260 Association, Inc. v. Parker
    (2017) 10 Cal.App.5th 24

    [Membership List; Inspection Denial] A homeowners association (HOA) may restrict a member’s request for access to the HOA’s membership list when the request is for an improper purpose.

Related Links

Access to HOA Membership List Must be for a Proper Purpose – Published on HOA Lawyer Blog (April, 2017)